Liability in Cherry Hill Pedestrian Accident Cases
It is sometimes difficult to determine liability in a Cherry Hill pedestrian accident case. If a police officer arrives at an accident, they may make initial findings or determinations of responsibility, but ultimately, if there is a pedestrian accident and the pedestrian hires an attorney, there will be a claim or a complaint filed. If there cannot be an agreement as to responsibility, a jury will decide who is responsible.
If you have been involved in a pedestrian accident and are looking to determine liability, it is important to contact a Cherry Hill pedestrian accident lawyer as soon as possible. An experienced attorney can build a claim to help recover any potential damages you may be entitled to.
Anytime somebody is going to judge who had responsibility for an accident, they must be presented with the facts. This includes not only the weather conditions and the other roadway conditions, but also the conditions of the driver and/or pedestrian, the locations, and the speeds. Every piece of factual evidence is something that would be used to determine liability in a Cherry Hill pedestrian accident case.
Liability in Cherry Hill pedestrian accident cases is not much different than a motor vehicle case in a sense that there are rules of the road not only for pedestrians but for motor vehicles. Anytime somebody is making a decision as to who is responsible for an accident, whether it involves solely cars or cars and pedestrians, the rules of the road must be analyzed versus the facts that can be gathered about what happened.
A pedestrian may be found partially or completely responsible in a Cherry Hill pedestrian accident if they fail to use the crosswalk, if they cross in the middle of an intersection, or if they fail to use reasonable precautions in crossing an intersection when they know or should have known the other vehicle would not see them or was not going to stop.
When determining liability in a pedestrian accident in Cherry Hill, the speed of the motor vehicle involved is significant if the speed was appropriate under the conditions at the time. Another factor to consider is whether the driver of the motor vehicle was distracted as well as if the person walking was looking down at their cell phone or not paying attention to their surroundings.
Another factor in a pedestrian accident is whether or not the pedestrian was using a crosswalk or was being governed by some other sort of traffic signal. Another factor to consider is if the driver of the vehicle was following the traffic laws, including speed as well, or if they were distracted or had some sort of obstruction on their dashboard or something hanging from the rear-view mirror that prevented them from seeing the pedestrian.
Role of Comparative Negligence
In New Jersey, there is a concept of comparative negligence which means the pedestrian could be found to be also responsible or somewhat responsible for the incident. This depends on whether the pedestrian had crossed in the crosswalk, had their head down looking at their cell phone, and other elements, which could contribute or be found to be comparatively negligent of the individual that was injured.
Benefit of an Attorney
An attorney works to build a liability or negligence case against the motor vehicle that injured a pedestrian by first protecting the pedestrian and making sure their rights are protected by gathering the appropriate evidence from the scene and from witnesses.
Preserving evidence is the first way that an attorney can help to establish liability in a Cherry Hill pedestrian accident case.